Shriramvaraprasad B 26 May 2018

Land dispute with my brothers

Hi,

We are 3 brothers, Before my father's death he made a Will to divide the property to all of us in equal share. but in the same Will he miss spelled the name of my brother.

Is it possible to transfer the property to my name by using the will which was prepared by my father? Or I should approach the Court for the same.

Thanks & Regards,
Tameshwarrao.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 26 May 2018

If you three brothers have no issue then you can use the will for transferring property to your names. You people can give affidavit for misspelling with signature of two witness who are witness at the time of will.

Kumar Doab (FIN) 27 May 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary(ies).

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..and register the deed.

Check locally and comply with procedure.

If there is NO dispute then IT would be simple matter that you can handle on your own also.